American Distributing Company, Inc. v. National Labor Relations Board

American Distributing Company, Inc. (the Company) seeks review of an unfair labor practice order issued by the National Labor Relations Board (the Board). The Board filed a cross-application for enforcement of the order.

The Board found that the Company had violated sections 8(a)(1) and (5) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1), (5), by discontinuing pension trust fund contributions unilaterally upon the expiration of the collective bargaining contract between the Company and Teamsters, Chauffeurs, Warehousemen and Helpers Local 386 (the Union). The Company does not dispute that it discontinued the contributions, and we find that the Company’s defenses lack merit. Accordingly, we enforce the Board’s order.

FACTS

Since 1954 the Union and the Company have had a collective bargaining relationship which has included a pension plan for employees funded by employer contributions. From at least 1971, the Company has been dissatisfied with the pension trust fund contributions.

During the negotiations that produced the collective bargaining agreement in effect from May 1, 1977 to April 30, 1980, the Company stated that it would agree to continue pension…